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Besides the introduction of an ancillary copyright for press publishers a.k.a. the link tax, the European Commission also wants internet platforms to apply automated upload filtering technologies to all of their user's content. Together with 27 other civil society organisations, we have signed an open letter addressed to the European Institutions and urge them to delete this proposal. Read more

Today, the conservative member of the European Parliament Therese Comodini Cachia (EPP, Malta) published her proposal for the DSM directive. The elected rapporteur of the leading committee for legal affairs (JURI) asks for numerous amendments to the infamous draft DSM directive presented by commissioner Günther Oettinger last year. Most notably, in line with Europe’s leading copyright experts and the opinion of the rapporteur for the Internal Market and Consumer Protection Committee (IMCO) and many other commentators, she demands to get rid of the ancillary copyright. Read more

Months ago, Matthias Schindler from the office of MEP Julia Reda (Greens/EFA) has submitted a freedom of information request to the European Commission and just a few days ago he finally received 400 pages (!) of secrets surrounding the proposed European ancillary copyright for press publishers/the publisher's right. POLITICO's Chris Spillane has identified numerous "things you need to know". Read more

Today the draft opinion of the Internal Market and Consumer Protection Committee (IMCO) was published. Here, rapporteur Catherine Stihler (S&D Group) claims a number of sensible and important amendments to the disappointing Commission’s draft DSM directive. Most notably she demands to ditch the ancillary copyright for press publishers (ac) once and for all.

As of today, a broad coalition of European copyright scholars wrote an open letter to the European Parliament and the Council of the EU. It openly opposes Art. 11 (ancillary copyright) and 13 (mandatory content filtering). The letter’s first signatories consist of a number of the leading academic experts on copyright. They represent some of the most respected research centres in Europe that deal with copyright research from legal, economical and other perspectives.

Today, the Committee for Culture and Education (CULT) in the European Parliament issued a draft opinion on the DSM directive proposal. Here, the rapporteur, French MEP Marc Joulaud (conservatives, EPP), proposes bluntly the protection (i.e. monopolisation) of even the smallest parts of press publications. He tries to disguise his proposal, however, as a step towards the user’s interests. Read more

Within the last couple of months, it has been very quiet about the Spanish link tax which aims to charge content aggregators a fee if they publish snippets of a news article. As a consequence, after this law was passed, Google News Spain, the main target of this measure, was shut down in 2014. But now the Spanish Reproduction Rights Centre (CEDRO) has initiated a new round of negotiations with several affected online services. The figures they ask for are shocking. Read more

In an oral hearing at the district court of Berlin on Tuesday, the presiding judge held that the German ancillary copyright (ac) had to be notified by the German Government. If the court clings to this assessment the German ac could be declared ineffective, null and void. Read more

A group of 37 professors and scholars of Intellectual Property, Information Law and Digital Economy have sent a joint letter to the UK Intellectual Property Office (IPO) presenting their view on the ancillary copyright for press publishers as proposed by the EU Commission. They advise the UK Government to oppose this proposal for various reasons. Read more

The three regional party associations of SPD, Die Linken and Bündnis 90/Die Grünen, who will build the new government of the state of Berlin, have signed the coalition agreement for the next legislative period (2016-2021). Among many other things, the ancillary copyright for press publishers gets a mention. Read more

On the 20th September 2016 the Federal Ministry of Justice and Consumer Protection called on all stakeholders involved to provide their opinion on the EU Commission's proposal for a directive on copyright in the Digital Single Market (DSM-directive). A few weeks later we submitted our statement which also functions as a condensed overview on all critical aspects regarding a European ancillary copyright for press publishers. Unfortunately, at that time it had only been available in German. But now you can either download an English version (PDF) or read the full text here: Read more

The only argument of the press publishers in their quest for an own ancillary right that seems reasonable to a certain degree is their call for facilitated enforcement. They bemoan that it is difficult to enforce rights against mass online piracy. If this is a factual problem it can be solved easily without even touching the matter of an ancillary copyright. Read more

The ancillary copyright for press publishers is more and more often covered by German media recently. However, the choice of words differs tremendously: While conservative media worship the Holy Günther as their patron saint, the innovators identify the major risks deriving from his proposal and discuss them. Read more

Canada is infected. It took some time but now it is there. The very persistent thought that already overran Germany and Spain and is currently trying to subdue the European Union. Its name: Ancillary copyright for press publishers – or just the link tax. Read more

Yesterday, I was invited to speak at a public debate in the Press Club in Brussels. Main topic was the Commission’s proposal on the ancillary copyright. What I heard was a bunch of lies and a good measure of ignorance. Read more

After countless hours of work our new brochure "Ancillary Copyright for press publishers – Background and key issues" has arrived! It is easy to read and answers all relevant questions regarding an Ancillary Copyright for press publishers (AC). You can download it here for free. Read more

It is always a great thing when politicians join the public discussion. Yesterday, EU-Commissioner Günther Oettinger tried to defend his proposal on an ancillary copyright for press publishers on Twitter. But what he let loose was enough to drive one to despair.

EU-Commissioner Günther Oettinger gave a speech last Monday at the annual meeting of the Federation of German Newspaper Publishers (BDZV). There he explicitly called on the publishing houses to create more buzz in favor of his proposed ancillary copyright for press publishers/neighbouring right/link tax meaning he wants them to shush down their online magazines. Read more

Two weeks ago, Communia together with EDRi held the event "Copyright reform – unlocking copyright for users?" in the European Parliament. It was hosted by MEPs Comodini Cachia (EPP) and Carlos Zorrinho (S&D). Several represantatives of digital rights' organizations, publishers, creative industries, collecting societies and artists took part and discussed the future of copyright. Film maker Sebastiaan ter Burg asked some of the experts from civil society organizations for their view on the current copyright reform and later created this nice short video to show their answers: Read more

Today, the EU Commission has published its plans on introducing an ancillary copyright for basically any press publisher lasting a little over 20 years. Glyn Moody wrote an article published by ArsTechnika UK criticizing the draft. Read more

Finally it is out: The draft for the new Digital Single Market Directive (DSM directive). The result is even worse than we expected it from the recently leaked preliminary draft document. Whereas the wish list of the press publishers gets ultimately fulfilled in the slightly changed final version, the public interest falls even more behind. Read more

Today the European Court of Justice (ECJ) decided that linking to a work that has been uploaded illegally on the Internet might infringe copyright. The case was pushed by, inter alia, a publisher whose association EPC claims that the European request for a neighbouring right does not concern hyperlinking at all.

We are pleased to announce Allied for Startups as our newest supporter! The worldwide network of advocacy organizations focuses on improving the policy environment for startups to grow digital entrepreneurship and digital economy at large. They are the voice of startups. That is why, besides many other things, they have opened an office in Brussels last year with Lenard Koschwitz as the new director for European Affairs. As an ancillary copyright for press publishers is a great threat to startups, we could not be happier to have Allied for Startups by our side.

Yesterday we informed you about most of the downsides – there are not really upsides – of the leaked draft for a new EU copyright directive. There is particularly one more thing to be added: The #creatorgate clause. Read more

We have just received the draft proposal of the European Commission for a new copyright directive. It shall complement – i.e. in general not amend – other directives inter alia the InfoSoc directive from 2001. As it had to be expected from the Impact Assessment that was leaked last week, the draft reads like an answer to the wish list of the publishing industry. Here comes a first assessment.

Yesterday, Statewatch leaked a draft version of the Impact Assessment (IA) report for the upcoming copyright reform. Concerning the area of publisher’s rights it leaves a devastating impression. The authors of the IA suggest introducing a new ancillary/neighbouring right for news publishers with a broad scope. And they make it sound like this would be an obvious and particularly good choice.